Terms of Use

One True Media Terms and Conditions

Last modified March 28, 2007

One True Media provides members an easy, safe, and fun way to create and share Video Montages, Online Slideshows, and prints (collectively, the "Service"). Before you continue using the One True Media website located at www.onetruemedia.com (the "Site") or use any of the One True Media services, it is important that you carefully review the Terms and Conditions set out below (the "Terms"). BY USING THE SITE, YOU AGREE TO THESE TERMS; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

Specific pages on the Site may set out additional terms and conditions, all of which are incorporated by reference into these Terms. These Terms may be changed or updated at any time, but you can always find the most recent version here. In the case of inconsistencies between these Terms and information included in other materials (for example, promotional materials and mailers), these Terms will always control. We recommend that you periodically check this page to make sure you are up to date.

By entering and using the Site, you indicate that you accept these Terms and that you agree to be bound by them. Acceptance of these Terms creates a binding contract between you and One True Media that you will use the Service only in a manner consistent with these Terms. If you have questions about these Terms, please contact us at customercare@onetruemedia.com. Your use of the Site and the Service is entirely conditioned on and subject to your compliance with these Terms. If you do not agree with these Terms, do not access or use the Service.

The Service is for personal use only; use of the Service for commercial use or for broadcast or distribution to persons outside of a normal circle of a family and its social acquaintances is expressly prohibited.
To register as a member of One True Media, we require that you be 13 years or older.

By using our Service you agree to be bound by Section 1 of these Terms, which contains provisions applicable to all users of our Service. Our Service offers three classes of memberships: 1) Members who have registered with the Service and provided their email address, password, and credit card or debit card information; 2) Guests whom members have invited to view their Video Montages through the Service; 3) Visitors who visit www.onetruemedia.com and have no privileges to use the Service.

If you choose to register as a member of our Service, you will be asked to check a box to indicate that you have also read and agree to be bound by the additional provisions set out in Section 2 of these Terms, in addition to being bound by the provisions of Section 1.

Section 1: Applies to All Users of the Service, whether registered or not

1. Operator

This Service is operated by One True Media, Inc., a company incorporated under the laws of the State of Delaware whose principal business address is One True Media, Inc., 2694-A Middlefield Road, Redwood City, CA 94063.

One True Media is also referred to in these Terms as "we" and "us".

2. Purpose of the Service

One True Media offers video and photography services that provide the ability for consumers to create Video Montages, Online Slideshows, and other products and services, and to view, store, edit, combine, share, and print video and photographs (the Service).

3. Privacy Issues

We are committed to protecting your privacy. Please review One True Media's Privacy Policy. The terms of our privacy policy are incorporated into and considered part of these Terms.

4. Trademarks

All brand, product, and service names used in this Service which identify One True Media or third parties and their products and services are proprietary marks of One True Media and/or the relevant third parties. Nothing in this Service shall be deemed to confer on any person any license or right on the part of One True Media or any third party with respect to any such image, logo or name.

5. Availability

One True Media uses reasonable endeavors to ensure that the Service is available 24 hours a day, 7 days a week. However, there will be occasions when the Service will be interrupted for maintenance, upgrades, and emergency repairs or due to failure of telecommunications links and equipment or other circumstances that are beyond the control of One True Media. Reasonable steps will be taken by us to minimize such disruption where it is within the reasonable control of One True Media. From time to time, and without notice to you, One True Media may add or delete certain features or function from the Service we provide. You agree that One True Media shall not be liable to you for any modification, suspension or discontinuance of the Service.

6. Member Creations

a. The One True Media Service permits the submission of video montages, photo slideshows or other communications submitted by you and other users ("Member Creations"), and the hosting, sharing and/or publishing of such Member Creations. You understand that whether or not such Member Creations are published, One True Media does not guarantee any confidentiality with respect to any submissions, except as set forth in the Privacy Policy. One True Media will maintain creations for up to 90 days in free accounts with no activity. You must sign in at least once every 90 days in order to retain your Free Membership. Otherwise, One True Media reserves the right to cancel your membership and remove your creations.

b. You shall be solely responsible for your own Member Creations and the consequences of posting or publishing them. In connection with Member Creations, you affirm, represent and/or warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize One True Media to use, all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Member Creations to enable inclusion and use of the Member Creations in the manner contemplated by the Website and these Terms of Use; and (ii) you have the written consent, release, and /or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Member Creations in the manner contemplated by the Website and these Terms of Use. For clarity, you shall retain all of your ownership rights in your Member Creations. However, by submitting the Member Creations to One True Media, you hereby grant One True Media a limited worldwide, non-exclusive, fully paid-up, royalty-free, irrevocable, perpetual, sublicenseable and transferable license to use, reproduce, distribute (in any media formats and through any media channels), prepare derivative works of, display, perform and otherwise exploit the Member Creations as part as of the services provided by One True Media,

c. In connection with Member Creations, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant One True Media all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage One True Media or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person. One True Media does not endorse any User Submission or any opinion, recommendation or advice expressed therein, and One True Media expressly disclaims any and all liability in connection with Member Creations. If notified by a user or a content owner of a User Submission that allegedly does not conform to this Agreement, One True Media may investigate the allegation and determine in good faith and in its sole discretion whether to remove the User Submission, which it reserves the right to do at any time. For clarity, One True Media does not permit copyright infringing activities on its Website, and reserves the right to terminate access to the Website, and remove all Content submitted, by any persons who are found to be repeat infringers. d. You understand that when using the One True Media Website you will be exposed to Member Creations from a variety of sources, and that One True Media is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Member Creations. You further understand and acknowledge that you may be exposed to Member Creations that are inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against One True Media with respect thereto, and agree to indemnify and hold One True Media, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

e. One True Media permits you to link to Your own Member Creations hosted on the website or Member Creations of other third parties available on the Website, for personal, non-commercial purposes only. In addition, One True Media provides an "Embedded Player" feature, in which you can incorporate certain Member Creations on your own personal, non-commercial websites, provided that you include a prominent link back to the One True Media website on the pages containing the Embedded Player. You understand that the Member Creations, whether or not linked or embedded into other web sites, are provided to You only on an as-available basis, and One True Media does not guarantee that their availability will be uninterrupted or bug free. One True Media reserves the right to discontinue any aspect to the One True Media Website at any time, including discontinuing any linked or embedded Content either generally or in specific cases.

7. Basic Copyright Policy and Reporting of Violations

One True Media does not control what content its account holders choose to store on the One True Media site or to incorporate into Video Montages, Online Slideshows, or other products. Users of this site are responsible for complying with all federal and state laws applicable to such content, including copyright laws.

One True Media respects copyright law and expects our users to do the same. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders’ rights. As a condition to your account with One True Media, or your use of the site, you agree that you will not use the One True Media web site or Service to infringe the intellectual property rights of others in any way. One True Media will terminate the accounts of users who are repeat infringers of the copyrights, or other intellectual property rights, of others. In addition, One True Media reserves the right to terminate the account of a user upon any single infringement of the rights of others in conjunction with use of the One True Media web site or Service, or if One True Media believes that conduct of the user is harmful to the interests of One True Media, its affiliates, or other users, or for any other reason in One True Media’s sole discretion, with or without cause.

If you believe the copyright in your work has been violated through this Service, please contact One True Media’s “Designated Copyright Agent” as set forth below. In accordance with the Digital Millennium Copyright Act of 1998 (the text of which may be found on the U.S. Copyright Office web site at ), One True Media will respond expeditiously to claims of copyright infringement committed using the One True Media web site or Service that are reported to our Designated Copyright Agent. If you are a copyright owner, or authorized to act on behalf of an owner of the copyright or of any exclusive right under the copyright, please report your notice of infringement by completing the following notice form and delivering it to the Designated Copyright Agent:

NOTICE OF ALLEGED INFRINGEMENT OF COPYRIGHT
a. Identity of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are covered by this Notice, a representative list of the copyrighted works that you claim have been infringed via the One True Media web site or Service:

b. Identification of the material that you claim is infringing (including sufficient information so that we may locate the material on the Service, such as the URL where such material may be found on the One True Media web site):

c. Your street or mailing address, telephone number, and, if available, email address.

d. I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g. fair use).

e. I hereby state that the above information in this Notice is accurate and, under penalty of perjury, that I am the copyright owner, or authorized to act on behalf of the owner of the copyright or of any exclusive right under the copyright.

f. Electronic or physical signature of the copyright owner or of a person authorized to act on behalf of the owner of the copyright or of any exclusive right under the copyright:

Full legal name:_______________________________

All claims of copyright infringement should be delivered in writing to One True Media's Designated Copyright Agent at the following contact information:

Designated Copyright Agent
One True Media, Inc.
2694-A Middlefield Road
Redwood City, CA 94063
Voice: (650) 298-8610
Fax: (650) 298-8615
copyrightconcerns@onetruemedia.com

9. External Links

From time to time, One True Media may provide links that will take you to other, third party websites. These links are provided for your convenience. If you decide to access linked websites you do so at your own risk. We do not endorse or take responsibility for the content on other websites or the availability of other websites and you agree that One True Media is not liable for any loss or damage that you may suffer by using other websites.

10. Amendment of the Terms

We reserve the right to amend these Terms from time to time.

11. Claims, Controlling Law and Language

Any action hereunder must be brought, if at all, within one (1) year from the accrual of the cause of action. The parties agree that any claims hereunder shall be subject to the state and federal laws of the state of California, and hereby consent to jurisdiction and venue in the courts of the Northern District of California located in San Francisco, California. Both parties expressly exclude the application of the United Nations Convention of Contracts for the International Sale of Goods, if applicable, to these Terms of Use. The parties hereto confirm that it is their wish that these Terms of Use, as well as other documents relating hereto, including notices, have been shall be written in the English language only. Les parties aux presentes confirment leur volonte que cette convention de meme que tous les documentes y compris tout avis qui s'y attaché, soient rediges en langue anglaise.

12. General

These Terms constitute the entire agreement between One True Media and you with respect to your use of the Service. One True Media's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more rights or provisions contained in these Terms is invalid, you agree that the remainder of the Terms shall be enforceable.

13. Comments

If you have any comments or questions about these Terms or our Service please contact us by email at customercare@OneTrueMedia.com

Section 2: Applies to Registered Members

14. Registration

To purchase from or register as a member of the Service you must be 13 years old or over. You agree that the information that you provide to us on registration and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your email address, since that is the primary way in which we will communicate with you about your account and your orders.

15. Password

When you register as a member you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You must notify One True Media immediately of any unauthorized use of your password or if you believe that your password is no longer confidential. We reserve the right to require you to alter your password if we believe that your password is no longer secure.

16. Formation of a Binding Contract

No contract will exist between you and One True Media for the supply of any services or products unless and until One True Media accepts your order by a confirmatory e-mail, telephone conversation, or other appropriate means of communication.

17. Pricing and Delivery

All prices are stated in U.S. dollars and are valid until altered by us. Prices do not include delivery charges or any import duties that may be added by the order destination country. Postage will be added to your order during the checkout process. In the event that you order products and the price published on the Service was incorrect, One True Media will contact you to let you know the correct price and ask you whether you still wish One True Media to fulfill your order at the correct price. Any dates specified for delivery of any products are intended to be an estimate only.

18. Right to Return

You may return any item that you have ordered from us for any reason within 30 days of receipt. Please read carefully One True Media's Return Policy, which forms part of these Terms.

19. Conduct

You are solely responsible for all of the images, music and other content you upload, share or copy using the Service. You must have the legal right, and you warrant us that you have the legal right to copy, perform and display each image, piece of music and other content that you upload, share or print. Professional images that are provided to you by professional photographers or made available through websites, magazines, books or other resources, are protected by copyright and should not be uploaded, shared or copied using the Service.

You agree not to use the Service:

a. for any unlawful purposes;

b. to upload, post, order for print, email or otherwise transmit or communicate any material that is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable;

c. to upload, post, order for print, email or otherwise transmit or communicate any material that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trade mark, patent or other intellectual property right or any moral right of any party including, but not limited to One True Media;

d. to harm minors in any way, including, but not limited to, content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;

e. to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;

f. to upload, post, email or otherwise transmit any material which is likely to cause harm to One True Media or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Service which may cause any defect, error, malfunction or corruption to the Service;

g. for any commercial purpose.

You further agree that you shall not:

a. interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service;

b. provide any information to One True Media that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose; or

c. use email from One True Media to create spam emails to be sent from us.

20. Monitoring of Content

One True Media does not control the content of members' accounts and does not have any obligation to monitor such content for any purpose. You acknowledge that you are solely responsible for all content and material you provide to the Service.

21. Suspension and Termination of Access and Membership

You agree that One True Media may at any time without notice:

a. refuse to accept your application to become a member of One True Media;

b. move or suspend any part of the Service; or

c. refuse to fulfill any order, or any part of any order or terminate your account and delete any content stored in your account if, in One True Media's sole discretion, you fail to comply with any of these Terms or if a competent regulatory authority requires us to do so.

22. Automatic Renewals and Cancellation

Your One True Media Premium Membership will be automatically renewed on a monthly or annual basis, depending on the level of service you selected. Your membership will automatically renew for successive monthly or annual subscriptions, without prior notice to you, unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews each month/year in order to avoid billing of the next month's or year's subscription fees. You may cancel your Premium Membership to One True Media at anytime, and cancellation will be effective immediately and your content or any shared creations will no longer be available. To cancel, send an email to customercare@onetruemedia.com requesting cancellation.

23. Storage Policy

One True Media provides free online storage of images and video to its registered users. Registrants who join as Premium Members enjoy increased storage capacity and may continue to use this storage as their membership is current. For Basic Account customers, your content is subject to removal from the site after a free period of 60 days from the date the account is initiated. To keep your content in your account beyond the free period, you need to join as a Premium Member or make a purchase from One True Media within the initial free period, otherwise you are subject to removal of your content. We may change this policy at any time, upon reasonable notice to you.

24. TiVo Sharing

One True Media provides registered users with the option to create a personal TiVo channel and share a limited number of video montages to that channel for free during the active life of that account (referred to as the two free Anytime Shares). Subscribers with active accounts and a TiVo channel will also receive monthly shares (referred to as Monthly Shares). One True Media reserves the right to limit the number of free Anytime Shares and the number times a shared Video Montage can be downloaded to TiVo Boxes at any time and without prior notice.

25. Limited Warranty and Limitation of Liability

One True Media warrants to you that products and services provided to you by One True Media shall substantially conform to the description of such services found at www.onetruemedia.com. If the products or services fail to so conform to those descriptions within the thirty day period following One True MediaÕs provision of the services or delivery of the products, then you shall have all those rights and remedies set forth in the Return Policy.

EXCEPT AS SET FORTH IN THE FIRST PARAGRAPH OF THIS SECTION 25, THE SERVICE, ONE TRUE MEDIA'S SITE, AND ALL RELATED PRODUCTS AND SERVICES ARE PROVIDED BY US "AS IS" WITHOUT ANY OTHER WARRANTIES WHATSOEVER. ALL OTHER EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, ONE TRUE MEDIA DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY DIGITAL OR ANALOG VIDEO OR PHOTO TO ONE TRUE MEDIA, AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR IMAGE OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR DIGITAL CONTENT. IN THE EVENT OF ANY LOSS OR, OR DAMAGE TO, YOUR CONTENT, ONE TRUE MEDIA SHALL BE LIABLE ONLY FOR THE REPLACEMENT OF A LIKE AMOUNT OF UNEXPOSED MEDIA AND PROCESSING. IN THE EVENT OF ANY MISTAKE BY ONE TRUE MEDIA, SUCH AS THE SHIPMENT OF A DEFECTIVE PRODUCT, WE WILL BE LIABLE ONLY TO THE EXTENT OF OUR RETURN POLICY.

EXCEPT AS EXPRESSLY PROVIDED IN THE PRECEDING PARAGRAPH, TO THE FULLEST EXTENT ALLOWED BY LAW, WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES RESULTING FROM THE USE OR PROVISION OF THE SERVICE, ONE TRUE MEDIA'S SITE AND ALL RELATED PRODUCTS AND SERVICES, EVEN IF ONE TRUE MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

26. Indemnification

You agree to indemnify, defend and hold harmless us, our officers, directors, employees, agents, licensors, suppliers and any third-party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms or any activity related to your account (including negligent or wrongful or infringing conduct) by you or any other person accessing the Service using your account or accessing or using Content you have created using the Service or posted on our web site.

27. Return Policy

Products: Since your creations are so personal, we want you to be happy with the final product. You may return a DVD to One True Media for any reason within 30 (thirty) days of receipt for a replacement DVD, store credit, or a refund. You can ship the product back to us at:

One True Media Inc
Attn: Customer Care
2694-A Middlefield Road
Redwood City, CA 94063

Or you may email us at customercare@onetruemedia.com or call us at 866-691-8783 during normal business hours to request a prepaid return box.

Your replacement/credit/refund will be processed once your original item is received.

Membership: If you cancel your Premium membership within 14 (fourteen) days of purchase, then we will refund the fee charged within the last 14 (fourteen) days and change your account to a Basic free account. Note: If you receive a free DVD as part of our annual subscription offering and wish to cancel your Premium membership, we will refund the net of the unused portion and DVD cost. The DVD will be yours to keep.

28. Copyright Authorizations and Procedures

In order for One True Media to make your Video Montages, videos, and photos available to you and your guests online, we need the rights to make use of all Content on the Service, in accordance with and subject to these Terms. Accordingly, as a condition of your use of the Service, you hereby grant One True Media a perpetual, universal, non-exclusive, royalty-free right to copy, display, perform, modify, transmit, make derivative works of and distribute your Content, solely for the purpose of providing the Service. As a condition of your use of the Service, you represent and warrant to One True Media that you either own your Content or have written permission from the copyright owner to make such Content available to the Service for use on these Terms.

The Service is protected by U.S. and international copyright laws and by other applicable laws. You may not submit or process any Content without the written consent of the owner of such Content. You are solely responsible for any copyright violations that may may occur as a result of your activities on the Service or the activities of any other person accessing the Service using your account or accessing or using Content you have created using the Service or posted on our website.

You and the people you invite as guests may have access to your Content. If your guests invite additional people, these additional people will have access to your Content. You agree that you will limit, and will cause your guests to limit, the persons who can view your Video Montages, Online Slideshows, prints and other Content to persons within your normal circle of family and its social acquaintances. In addition, the Service will automatically limit the total number of persons who can view such Content to no more than 50. The Service is for personal use only; use of the Service for commerical use or for broadcast or distribution to persons outside of a normal circle of a family and its social acquaintances is expressly prohibited.

If you wish to include music in your Video Montage, you may direct One True Media to purchase that song on your behalf, or agree to upload only songs that you own the copyright rights in or that you have purchased for your personal use. If you direct One True Media to buy it on your behalf, One True Media will retain that song in your account, and you cannot obtain a copy of the song from One True Media.

If you choose music from the One True Media song list, you agree and acknowledge that you are directing One True Media to purchase that song on your behalf, or agree to upload only songs that you own the copyright rights in or that you have purchased for your personal use. You also agree that you will not alter the fundamental character of the song, use the title of the song in a montage or slideshow, use the story of the song in a montage or slideshow, nor use the song for any political purposes. You further agree that you will not duplicate, sell or distribute additional copies of the DVD or downloaded version of your montage(s) created using the One True Media service. One True Media reserves the right to terminate any account holder who does not comply with this policy. The One True Media service is not available for any person who uses it to violate copyright law. Please note that when you share your content, you allow the recipients to share and make photographic prints, DVDs, photo books or other outputs based on those images or clips from that content.

If you believe that your work or the work of another has been copied in a way that constitutes copyright infringement, One True Media has a process in place to respond to your concerns. Please see 7. Basic Copyright Policy and Reporting of Violations of Your Copyright above.